Excerpt: ...est for Judicial Notice in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment with Declaration of Damages DEFENDANTS' OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Paul Guez in Support of Defendants' Opposition to Motion for Summary Judgment 3. Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment 4. D...

Excerpt: ...ome Debt Fund, LLC (“Plaintiff”) moves to compel responses from Defendant Andre Wegner (“Wegner”) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SPROG); and Requests for Production of Documents, set one (RFP). In addition, Plaintiff moves to deem admitted the matters specified in Requests for Admission, set one (RFA). Plaintiff seeks monetary sanctions in connection with the four motions. Plaintiff has not file...

Excerpt: ...ompel Plaintiff Shana Ricks (“Plaintiff” or “Ricks”) to arbitrate her employment discrimination, sexual harassment, and related claims. Plaintiff opposes the motion and Defendants reply. LEGAL STANDARD “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the...

Excerpt: ...y Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Mac W. Cabal in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Clinton Walker in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Judgment/Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication AMLI'S AND FIDELITY'S ...

Excerpt: ... Summary Adjudication 4. Declaration of James Sciolla in Support of Motion for Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Mark Romano in Support of Plaintiffs' Opposition to ...

Excerpt: ...ack owed rent not paid during the COVID-19 pandemic. Cross-Complainant now moves for an award of reasonable attorneys' fees, pursuant to the terms of the lease agreement. Cross- Defendant has not filed an opposition. ANALYSIS Entitlement to Attorneys' Fees Code of Civil Procedure section 1021 provides “[e]xcept as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is...

Excerpt: ...es of action and adding eleven new causes of action, bringing the total causes of action to twenty (20), and deleting and updating many of the factual allegations to account for events uncovered in discovery, which have occurred both before and after February 2022, when the original complaint was filed in this case. Defendant Ghods and Defendant Plusarch, Inc. (“Defendants”) oppose the motion, and Plaintiff has filed a reply. LEGAL STANDARDS ...

Excerpt: ...are Center, LLC erroneously sued as Country Villa Westwood Nursing Center (“Defendant”), claiming Defendant committed elder abuse and negligence against Plaintiff while in Defendant's care. Defendant demurs to the elder abuse cause of action, on the ground that it fails to plead with particularity facts sufficient to constitute an elder abuse cause of action and is uncertain under Code of Civil Procedure section 430.10, subdivisions (e) and (...

Excerpt: ...d Material Facts and Supporting Evidence 3. Declaration of William S. Edic OPPOSITION PAPERS: Cross-Defendant Boudreau Pipeline Corporation's Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of A. Kerry Stack 4. Notice of Lodgment of Exhibits Cross-Defendant/Cross-Complainant R-3 Contractors, Inc.'s Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of Lori R....

Excerpt: ...action originally alleged for breach of contract and negligence, and to replace them with a single cause of action under Cal. Bus. & Prof. Code § 7031(b), to recoup all compensation Plaintiff paid to Defendant as an unlicensed contractor. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of...

Excerpt: ...rds iso Geotechnical's Motion for Summary Judgment/Adjudication 3. Declaration of Michael K. Wolder iso Geotechnical's Motion for Summary Judgment/Adjudication 4. Geotechnical's Appendix of Evidence 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication WESTERN NATIONAL BUILDERS' OPPOSITION PAPERS: 1. Western National's Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points ...

Excerpt: ... are necessary to allow Plaintiff to request discovery about whether Plaintiff violated other provisions of the settlement agreement, besides the return of certain Apple electronic devices to Plaintiff. Specifically, Plaintiff suspects Defendant may have breached the non-disparagement clause of the settlement agreement reached in a prior action between the parties. Defendant opposes the motion, and Plaintiff has filed a reply. LEGAL STANDARD Amen...

Excerpt: ... and Peter McNulty MOTIONS This lawsuit arises out of a dispute concerning Defendant and Cross-Complainant BFF Construction, Inc.'s (“BFF”) construction of Plaintiff and Cross-Defendant Nanette James's (“James”) and Cross-Defendant Peter McNulty's (“McNulty”) $5 million Malibu home. James sued to recover for alleged construction defects, and BFF sued James and McNulty for fraudulent inducement, alleging that James and McNulty misrepre...

Excerpt: ...s The Blackpointe Group and Blackpoint Group Construction & Management Inc. (collectively, “Blackpointe”). Blackpointe filed a motion for an order determining good faith settlement. Remaining Defendants Carol Tolchin; CT Prop Management, LLC; and David R. Townley Company (“Remaining Defendants”) oppose the motion. ANALYSIS A. THE LAW GOVERNING GOOD FAITH SETTLEMENTS Under section 877.6 of the Code of Civil Procedure, [1] “[a] determinat...

Excerpt: ...iving Trust, dated September 17, 2007 2. Plaintiffs Bobbie Reif and Dan Herman PLAINTIFFS' MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Plaintiff Bobbie Reif in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Plaintiff Dan Herman in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion ...

Excerpt: ... her to invest in a third-party company which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Second Amended Complaint (“SAC”) filed on April 18, 2023 alleges causes of action against Defendants for fraud and negligent representation. Defendants move to strike the SAC as untimely and in the alternative demur to both causes of action, arguing each fails to state with specificity facts ...

Excerpt: ... Host, LLC (“Ultimate”), The Nightfall Group, LLC (“TNG”), Nightfall Realty, Inc. (“NRI”), Mokhtar Jabli (“Jabli”), Daniel Dangoor (“Dangoor”) (all together, “Defendants”) for 1) breach of written contract, 2) bad faith retention of security deposit, 3) civil conspiracy, 4) fraud, 5) conversion, 6) unfair business practices, and 7) common count. Plaintiff leased a residence from Ultimate pursuant to a lease agreement (“L...

Excerpt: ...d promissory notes executed by Defendant. Defendant did not respond to Plaintiff's Complaint and a default judgment was entered against him by the Court. Plaintiff now seeks a charging order levying Defendant's interest in limited liability company Equiticom, LLC pursuant to Code of Civil Procedure section 708.310 and Corporations Code section 17705.03. Defendant does not oppose the requested relief, however his spouse, third party Fadwa Galal, f...

Excerpt: ...n Fonececa Del Rosario (collectively, “Defendants”). In the alternative, Plaintiff seeks an order compelling Defendants to comply with the Court's May 22, 2023 order and additional monetary sanctions. Defendants have not filed oppositions to the motions. ANALYSIS The court has discretion to impose a terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2025.450, subd. (h), 2030.290...

Excerpt: ... of a surgery performed by Dr. Aziz Rasooli, D.P.N. (“Defendant”) and Dr. James Emory, M.D. (collectively, “Defendants”). Plaintiff alleges that Defendants performed the surgery improperly which resulted in unnecessary complications and injury to Plaintiff's leg. (Complaint, ¶ 11.) Plaintiff filed her Complaint on November 12, 2021, alleging one count of medical negligence. Defendant filed the instant Motion for Summary Judgment (“Moti...

Excerpt: ...ndon Farm”), Jake Seal (“Seal”), Screen Media Ventures, LLC (“Screen Media”), Independent Frame, LLC (“Independent Frame”), Orwo Film Distribution, LLC (“Orwo”), PVS Studios, LLC (“PVS Studios”), and Chicken Soup for the Soul Entertainment, Inc. (“CSSE”) (collectively, the “Defendants”). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivisio...

Excerpt: ...f Good Faith Settlement MOTION Plaintiff Isac Hernandez (“Plaintiff”) settled his claims against Defendants/Cross-Defendants MRB Construction, Inc. and Marvin Ramos (collectively, “MRB”). The MRB Parties move for a determination that their settlement with Plaintiff was entered into in good faith. Cross-Complainants Shane W. Josephs and Jennifer L. Josephs (collectively, the “Josephs”) oppose the motion. The Court notes that the Joseph...

Excerpt: ...n. Plaintiff replies. EVIDENTIARY OBJECTIONS Plaintiff submitted evidentiary objections to the Declaration of Jacob O. Partiyeli submitted in opposition to this Motion. Objections Nos 1 and 2 are SUSTAINED. Objections Nos. 3 to 5 are OVERRULED. ANALYSIS I. Legal Standard “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to o...

Excerpt: ...rom an alleged breach of contract. Ian Herzog (“Plaintiff”) sues Fidelity National Home Warranty , Inc. dba FNHW (“Defendant”) for four causes of action: 1. Breach of Contract 2. Fraud 3. Intentional Infliction of Emotional Distress 4. Intentional Tort – Insurance Bad Faith Plaintiff alleges that Defendant failed to replace a water heater in his condominium in accordance with the FNHW Contract and its terms of coverage. (Complaint, ¶ B...

Excerpt: ...oes 1 through 20 for 1) breach of fiduciary duty 2) financial elder abuse, 3) undue influence, 4) breach of oral contract, and 5) negligence. Overturf was allegedly Plaintiff's financial planner, money manager, option trader, crypto currency trader, and a stock, equity, commodity, and securities investor. (Complaint ¶ 2.) Sisu is a business entity that acted in support of Overturf's financial adviser/money manager activities. (Id. at ¶ 3.) Plai...

Excerpt: ...f Civil Procedure § 2025.620(d). Additionally, Defendant seeks to leave serve a medical records subpoena on Encino Medical Center. Lastly, Defendant seeks monetary sanctions against Plaintiff and his attorney of record, jointly and severally, in the amount of $924 pursuant to Code of Civil Procedure § 2024.050(c). Plaintiff David Allsop (“Plaintiff”) opposes the motion. ANALYSIS As a preliminary matter, the Court finds that the instant moti...

Excerpt: ...ruary 28, 2020, Plaintiff filed this action against Defendant Costco Wholesale Corporation (Defendant), alleging two causes of action for general negligence and premises liability. On June 2, 2023, Defendant filed the instant motion for an order enforcing the settlement agreement under Code of Civil Procedure section 664.6. The motion is unopposed. ANALYSIS (a) If parties to pending litigation stipulate, in a writing signed by the parties outside...

Excerpt: ... Khodaverdi, Joseph Ghadir, Parvin Ghadir, and Joseph and Parvin Ghadir as Trustees of the Ghadir Family 1996 Trust (hereinafter “moving Cross Defendants”) for indemnification, apportionment of fault, declaratory relief, general negligence, motor vehicle, loss of consortium, and comparative fault. On June 12, 2023, the Court heard moving Cross Defendants' ex parte application to continue trial. At that hearing, the Court advanced the hearing ...

Excerpt: ...nt Executive Investments, Inc. (“Defendant”). (See Complaint, pp. 4-5.) Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: July 22, 2022 b. Responded: August 23, 2022 c. Motion Filed: May 12, 2023 2. Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: July 22...

Excerpt: ... judgment can be heard at least 30 days before the trial date. Defendant's motion for summary judgment is set for February 28, 2024. Trial is scheduled for March 4, 2024. The motions are unopposed. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a tria...

Excerpt: ...ves to strike Plaintiff's claim for punitive damages. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of (1) the First Amended Complaint, and (2) documents submitted in a related criminal case, BA447410. The Court grants this request pursuant to Evidence Code section 452, subdivision (d). 2. DEMURRER “It is black lett...

Excerpt: ...the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal juris...

Excerpt: ...re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration. (See Code Civ. Proc., § 595.2...

Excerpt: ...poses the motion. Plaintiff replies. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On January 6, 2023, Plaintiff served ...

Excerpt: ... July 19, 2024 so that such motion may be heard at least 30 days prior to the current trial date of November 28, 2023 or, in the alternative, continue the trial date to August 29, 2024 or shortly thereafter. Plaintiffs Eduard and Grigor Davtyan's (“Plaintiffs”) counsel filed a declaration in response to Defendant's instant motion. Plaintiffs do not oppose the instant motion. (Karapetian Decl., ¶ 3.) Should the Court advance the hearing date,...

Excerpt: ...fendant replies. JUDICIAL NOTICE The Court grants Defendant's request for judicial notice. (Evid. Code, § 452, subd. (d) [providing that a court may take judicial notice of court records].) ANALYSIS A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadin...

Excerpt: ...fs did not file an opposition to the motion. Instead, on June 6, 2023, counsel for Plaintiffs, Hector Vega (Vega) through Hardip Passanati, appeared at the hearing arguing that Plaintiffs complied with the Court's order of December 20, 2022 Based upon counsel for Plaintiffs' representation, the Court continued the hearing on the motion and ordered the parties to file declarations regarding compliance with the Court's order of December 20, 2022. O...

Excerpt: ...ss-Defendant Destination Shuttle Services (DSS). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other re...

Excerpt: ...lliam collided with Plaintiffs' vehicle while driving under the influence of alcohol. Defendants move to strike Plaintiff's prayer for punitive damages. Plaintiffs oppose the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court ...

Excerpt: ...e Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication [1] 4. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication 2. Plaintiff's Request for Judicial Noti...

Excerpt: ...ummary Judgment 4. Notice of Lodging and Lodging of Video and Screen Shots in Support of Motion for Summary Judgment 5. Evidence in Support of Motion for Summary Judgment 6. Appendices of Non-California Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Objections to Summary Judgment Evidence 3. Plaintiff's Response Separate Statement of Disputed Material Facts and Additional U...

Excerpt: ...IS Code of Civil procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any do...

Excerpt: ...fourth cause of action for intentional infliction of emotional distress (IIED). Defendant also moves to strike Plaintiff's claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must...

Excerpt: ... unopposed. DISCUSSION Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).) A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior o...

Excerpt: ... with the motion. Defendant opposes the motion. Plaintiff replies. ANALYSIS Here, on December 22, 2022, Plaintiff served the first deposition notice for Defendant's PMQ on Defendant. Plaintiff noticed the deposition of the PMQ for January 17, 2023. On January 12, 2023, when Plaintiff emailed Defendant's counsel to confirm attendance at the January 17, 2023 deposition, Defendant's Counsel stated that Defendant never received notice of the depositi...

Excerpt: ...UND Plaintiff Geraldine Easley (Plaintiff) sued Defendant City of Long Beach (City) based on an incident in which Plaintiff allegedly tripped and fell while walking up a gangway when her sandal caught between a gap between two metal plates. Plaintiff asserts a premises liability claim against City. City moves for summary judgment, or in the alternative, summary adjudication, on Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL S...

Excerpt: ...ACMTA demurs to the Second Amended Complaint (SAC) which contains two general negligence claims: Second Cause of Action – General Negligence and Third Cause of Action – General Negligence. (See SAC, pp. 5 & 6.) LACMTA further moves to strike portions of the SAC. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the all...

Excerpt: ...inarily, the Court notes that Defendant is requesting monetary sanctions in connection with the motion. However, Defendant failed to include its request for monetary sanctions in the notice of motion, violating basic procedural due process (notice and an opportunity to be heard). Consequently, the Court shall deny Defendant's request for monetary sanctions. Further, Defendant argues Plaintiff's opposition is untimely and thus should not be consid...

Excerpt: ...LYSIS A party seeking to require an adverse party to submit to a mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310, subd. (b).) The court may grant the motion and o...

Excerpt: ...aintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answe...